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Allahabad High Court · body

2016 DIGILAW 3002 (ALL)

Dan Kunwar Inter College, Awalkheda Agra v. C/M Sri Dan Kunwar Inter College, Awalkheda Agra

2016-08-31

ARUN TANDON, SUNITA AGARWAL

body2016
JUDGMENT Heard Shri B.N. Singh, learned Advocate on behalf of the Committee of Management of Shri Dan Kunwar Inter College, Awalkheda, District Agra through its Manager Arvind Maheshwari on behalf of the State & Educational Authorities, Shri V.K. Singh on behalf of the Committee of Management of the same Institution through its Manager Prem Narayan Verma both in the Special Appeal as well as in the Writ Petition. 2. Shri Dan Kunwar Inter College, Awalkheda, District Agra is an aided Institution recognized under the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act, 1921'). The said Institution is run and managed in accordance with the approved Scheme of Administration. 3. It is not disputed that under the provisions of Scheme of Administration as well as under Section 16-A of the Act, 1921, it is obligatory that any amendment in the approved Scheme of Administration can take effect only with the approval of the Regional Joint Director of Education. 4. Last undisputed elections of the Committee of Management of the Institution are stated to have been held on 21.3.2010 in which Shiv Narayan Maheshwari was elected as the Manager. It is also not in dispute that on the date the elections had taken place, the term of the Committee of Management of the Institution as per the Scheme of Administration was 4 years. The Committee of Management of the Institution is stated to have forwarded the Resolution dated 27.1.2010 for extending the term of the Committee of Management from 4 years to 5 years. 5. There is dispute between the parties as to whether such proposal of the Committee of Management of the Institution was approved by the Regional Joint Director of Education on 27.1.2010 or it was approved on 5.4.2010. 5. There is dispute between the parties as to whether such proposal of the Committee of Management of the Institution was approved by the Regional Joint Director of Education on 27.1.2010 or it was approved on 5.4.2010. If the date of approval of the amendment of the term of the Committee of Management is found to be 27.1.2010 i.e. prior to holding of the elections then the Committee elected on 21.3.2010 would be entitled to the benefit thereof and its term is deemed to be of 5 years and in case it is found that the amendment was approved by the Regional Joint Director of Education on 5.4.2010 i.e. subsequent to the elections, then the benefit of such extension of the term will not be available to the Committee which was elected on 21.3.2010 and would apply to the Committee of Management which are elected subsequent to the date of approval. 6. It is this bone of contention which has led to filing of the Writ Petition No.25684 of 2015 (C/M Sri Dan Kunwar Inter College v. State of U.P. And Others). 7. According to the faction headed by Shiv Narayan Maheshwari, the amendment has been approved of by the Regional Joint Director of Education on 5.4.2010 while to the faction headed by Prem Narayan Verma the amendment has been effected and approved by the Regional Joint Director of Education on 27.1.2010. It may be recorded that with reference to the term of the Committee of Management being 4 years or 5 years, rival elections have been set up by Shiv Narayan Maheshari while according to the faction headed by Prem Narayan Verma such elections had taken place after 5 years to be more precise in the year 2015. 8. The Writ Court while examining the said contentions raised on behalf of the parties thought it fit and proper to refer the matter to the Regional Level Committee for examining the effective date on which the amendment in the term of the Committee of Management would stand enforced vide judgment and order dated 8.5.2015. 9. The Regional Level Committee under the order dated 12.5.2016 has held that the Amendment Clause pertaining to the term of the Committee of Management stood amended w.e.f. 5.4.2010 and has, therefore, approved the elections set up by the faction headed by Sri Arvind Maheshwari i.e. of the year 2014. 10. 9. The Regional Level Committee under the order dated 12.5.2016 has held that the Amendment Clause pertaining to the term of the Committee of Management stood amended w.e.f. 5.4.2010 and has, therefore, approved the elections set up by the faction headed by Sri Arvind Maheshwari i.e. of the year 2014. 10. This has led to the filing of the Writ Petition No.30440 of 2016 (C/M Of Shri Dan Kunwar Inter College And Another v. State Of U.P. And 4 Others). In the said writ petition, an interim order has been granted by the learned Single Judge staying the operation of the order of the Regional Level Committee dated 12.5.2016, hence the Special Appeal. 11. On record is the letter of the Regional Joint Director of Education which bears the date under the signatures as 27.1.2010 whereas the date of dispatch of the said order bearing the Papatra No.68-70/2009-10 is 5.4.2010. 12. The issue which has been raised before us is as to whether the date on which the Regional Joint Director of Education signed the order for approval of the proposed amendment in the Scheme of Administration would be the effective date for the purpose of determining as to whether the term stood extended from 4 years to 5 years or it would be the date of dispatch of the said order i.e. 5.4.2010 which would be the determining factor for deciding as to from which date the term stood extended from 4 years to 5 years. 13. From the order of the Regional Level Committee, we find that cogent reasons have not been recorded for coming to the conclusion that the amended clause pertaining to the term of the Committee of Management had come into force only on 5.1.2010. We may record that earlier the Writ Court had specifically required the Regional Level Committee to record its reasons on this issue. 14. In our opinion, reasons are the heartbeat of every conclusion and in absence of which it becomes lifeless. The order of the Regional Level Committee in our opinion only records conclusion and not reasons in respect thereof. 15. The order of the Regional Level Committee dated 12.5.2016, therefore, cannot be legally sustained and is hereby set aside. 16. 14. In our opinion, reasons are the heartbeat of every conclusion and in absence of which it becomes lifeless. The order of the Regional Level Committee in our opinion only records conclusion and not reasons in respect thereof. 15. The order of the Regional Level Committee dated 12.5.2016, therefore, cannot be legally sustained and is hereby set aside. 16. The Regional Level Committee is directed to re-determine the issue as to from which date the Scheme of Administration of the Institution would be said to have been amended with reference to the clause which prescribe the term of the Committee of Management in the light of the observations made hereinabove after affording due opportunity of hearing to the parties by passing a reasoned and speaking order preferably within a period of four weeks from the date of production of certified copy of this order before the Regional Joint Director of Education or whosoever is the Chairman of the Regional Level Committee. 17. This takes the Court to the issue as to who should manage the Institution during this interregnum. 18. In our opinion, it would be fair and just to provide that whosoever was managing the Institution on 8.5.2015, when the first order was passed by this Court requiring the Regional Level Committee to examine the dispute of management, shall continue to manage the institution till fresh orders are passed by the Regional Level Committee as indicated above. 19. The writ petition and the special appeal are disposed of with the directions given hereinabove.